A Critical Appraisal Of Uganda Penal Code In Respect To Rape And Defilement

ABSTRACT

Rape AND defilement violates the right of dignity of a girls and boys. It breaches the trust orwife. Even then, it is not criminalized as rape in Uganda. It raises a question, is a girls and boysbeing considered an object or the property of the husband. It also raises the question. as to does agirls and boys has right to save her body from the Just of her husband. No doubt the purpose ol·the being single is to provide right to have sex with' one u get married too. This paper points outwhether this right can be coupled with force or right to have sex is only coupled with will orconsent of wife. The purpose of the marriage in point of view of right to have the law shouldonly be providing satisfaction of concern need without any check or burden of society and lThis reveals that the failure of victims of rape and defilement (mainly women and girl children)to satisfy the requirements of the purported 'rule' (or practice or modus operandi) oncorroboration is a significant common reason why so many sexual assailants (mainly men)escape legal punishment.Tracing the origins and history of the purported 'rule', it distinguishes it ti·om the law vvhich itapparently subverts throughout the entire investigative, prosecution, trial and appeal stages orthese crimes.